UBER DRIVERS

Read here about an important lawsuit brought by Uber drivers to recover the tips they should have received and reimbursement for expenses

Uber drivers have filed a class action lawsuit claiming they have been misclassified as independent contractors and are entitled to be reimbursed for their expenses that Uber should have to pay, like for gas and vehicle maintenance. The lawsuit also challenges Uber’s practice of telling passengers that the gratuity is included and not to tip the drivers, even though you are not getting a tip!!

LATEST NEWS:

We welcome Uber’s decision last year to at last add a tip function to its app, a move we have been pushing for since this lawsuit began in 2013. With Mr. Kalanick no longer serving as CEO, Uber has stated that it intends to take other steps to improve its relationship with drivers. However, we have yet to see how those steps might relate to this lawsuit. Uber is still continuing to vigorously defend itself in this lawsuit and is attempting to reverse the trial court’s certification of the case as a class action.

For this reason, given the ongoing uncertainty about whether Uber's arbitration clauses will be enforced, IF YOU ARE AN UBER DRIVER IN CALIFORNIA OR MASSACHUSETTS WHO DID NOT OPT OUT OF THE ARBITRATION CLAUSE, PLEASE CONTACT US, if you have not already, to sign up to bring an arbitration claim. Thousands of Uber drivers have signed up with us to proceed in arbitration if that becomes necessary. Email us at uberlawsuit@llrlaw.com to obtain a form to sign up with us if you want to be included.

In November 2016, the judge stayed the case pending several appeals that Uber has filed challenging the court's rulings regarding Uber's arbitration clause. Those appeals were argued in September 2017 before the Ninth Circuit Court of Appeals. Those appeals have now been stayed while we await a decision from the United States Supreme Court regarding whether companies can use arbitration clauses to block employment class actions. We do not yet know when there will a decision from the Supreme Court or from the Ninth Circuit on Uber’s appeals. In the meantime, we are continuing to try and get a new trial date set. We will keep you posted regarding any new developments.

Last year, we filed a new lawsuit against Travis Kalanick and Garrett Camp, in order to hold them personally liable for the wages owed to California Uber drivers. Under California law, individuals who advise companies to classify workers as independent contractors, who are later determined to be employees, are personally liable for the companies’ wage violations. Although Mr. Kalanick is no longer Uber’s CEO, we have filed this case to ensure that he and others are held personally responsible for any liability we can establish against Uber. We may amend this complaint to add other Uber advisers, including Board Members, who may also be held liable for Uber’s violations.

In 2016, we reached a proposed settlement with Uber under which it would pay up to $100 million and make some significant changes in its policies. However, the court declined to approve the settlement. The court’s concern was largely with the settlement’s reduction in the massive potential penalties that could be recovered (mostly for the State of California) under the Private Attorney General Act (PAGA). Since that time, Uber has settled the PAGA claims (in another case). We are continuing to pursue the class claims that we filed in 2013 and are also trying to pursue PAGA claims for the last year (which was not covered by Uber’s settlement of those claims).

Because of this development, and a recent ruling in a related case, it is possible that the class in this case may be reduced to the few Uber drivers who opted out of arbitration (or who stopped working for Uber before the arbitration clause was first introduced in August 2013). In a related case regarding background checks, the Ninth Circuit Court of Appeals reversed the judge in our case on his ruling that Uber’s arbitration clause is not enforceable. We still have a separate appeal pending in our case in which we have argued that Uber’s arbitration clause is not enforceable for a different reason – because it violates the drivers’ rights under the National Labor Relations Act to engage in concerted activity.

But because of the ongoing uncertainty about whether the arbitration clause will be enforced, again, if you are an Uber driver in California or Massachusetts who did not opt out of the arbitration clause, but you want to be sure to be included in our case, you should contact us, if you have not already, to sign up to bring an arbitration claim in the event that the arbitration clause is enforced. Email us at uberlawsuit@llrlaw.com to obtain a form to sign up with us if you want to be included.

PREVIOUS LAWSUIT NEWS:

We won a major victory on March 11, 2015, when the judge overseeing the case, Judge Edward M. Chen, of the federal district court in San Francisco, denied Uber’s motion for summary judgment! In his decision, the judge agreed with many of our arguments about why Uber drivers may be properly classified as employees. Under the court’s order, the case would go to trial before a jury. See the news stories below for reports on the ruling.

We won another important victory on December 9, 2015, when the court issued its final order certifying the case as a class action. Under this decision, the case will now include all drivers who have contracted with Uber directly and in their own name (not through intermediate companies) in California since 2009.

However, Uber has appealed the Court's ruling striking the arbitration clause, which led to the Court to certify this large class. In the event that drivers will need to file individual arbitrations, we are keeping a list of drivers who are interested in bringing claims individually. If you want to be on our list, please contact us for a form.

Importantly, the court excluded from the class all drivers who have driven for Uber using a corporate name, or through an intermediate company (like a limousine company). We filed a new case on behalf of drivers who drove through limo companies or used corporate names with Uber.

The case was set to begin trial on June 20, 2016. However, the trial was stayed pending the Court’s consideration of the proposed settlement. After the Court declined to approve the settlement, we asked the Court to put the trial back on the calendar. But the Court declined to reset the trial date, since Uber’s appeal of the Court’s arbitration rulings and class certification order are pending. We will continue to seek a new trial date as soon as the Court will allow.

In 2015, the California Labor Commissioner ruled that an Uber driver was indeed an employee, not an independent contractor, and ordered Uber to reimburse the driver for her expenses. However, Uber appealed the decision, which would be reviewed de novo in court.

Uber has been arguing that drivers are independent contractors, and not employees, because they can set their own hours, and Uber makes much of the fact that drivers like setting their own schedules. We don’t disagree that drivers like to be able to work whenever they want! The fact that drivers set their own schedules does not make them independent contractors. We are not challenging Uber's system of providing flexibility for its drivers! We believe that, as Uber operates now, drivers are employees under California law. So if we win this case, there is no reason drivers should lose their flexibility. The judge has agreed that nothing about this case is challenging the drivers being able to set their own hours. Our argument is simply that, under the law, when drivers are working for Uber, they are Uber's employees and must receive the wage protections that employees receive.

Attorney Shannon Liss-Riordan and her firm have represented thousands of tipped employees, and employees who have been misclassified as independent contractors, all around the country. See her firm’s website for more information: www.llrlaw.com.

Click here to read the court’s summary judgment order of March 11, 2015.

Click here to read the court’s class certification order of September 2, 2015.

Click here to read a transcript of the summary judgment hearing held on January 30, 2015.

Click here to read a transcript of the class certification hearing held on August 6, 2015.

Click here to read the court’s class certification order of December 9, 2015.

In order to join our contact list of drivers interested in the case who want to receive updates, please email us at uberlawsuit@llrlaw.com and tell us your name, email address, and location where you have driven for Uber.